Term
|
Definition
the king owned all the land and leased the land to lords who subleased land to vassals |
|
|
Term
|
Definition
an individual can hold title to real property in absolute independence |
|
|
Term
|
Definition
In the US it is not pure form of the alloidal system because the government retains rights in privately owned land |
|
|
Term
|
Definition
sufficient rights to enable possession of the property |
|
|
Term
|
Definition
1. Freehold estates
2. Life Estates |
|
|
Term
|
Definition
ownership estates for unpredictable duration
you own it forever; inheritable |
|
|
Term
Fee Simple absolute estate |
|
Definition
the highest and most complete form of ownership
1) Includes all available rights in the "bundle of rights"
2) This estate is an inheritable estate |
|
|
Term
Qualified fee estate (Defeasible fee estate) |
|
Definition
Ownership interest with a condition |
|
|
Term
|
Definition
type of freehold estate that grants the right to use and occupay a property until the occurence of a designated event.
The original grantor retains a "possibility of reverter" (possibility to regain the right to use and possess the property)
ex. when someone deeds the property over but when and event comes up, it goes back to the owner |
|
|
Term
Fee Simple subject to a condition subsequent |
|
Definition
Grants the right to use and occupy a property until the occurence of a designated event
The original granor retains the right to reentry |
|
|
Term
|
Definition
the conveyance of fee title for the duration of someone's life |
|
|
Term
|
Definition
Grants the right to use and occupy a property to a life tenant until the the death of the life tenant
At the death of the life tenant, the property either:
- Reverts to the original grantor (revisioner) who holds a reversionary interest. A reversionary interest is an inheritable interest
- or, goes to third party (known as the remainderman) who holds a remainder interest(which is also inheritable)
- Life tenant may lease or convey but most not commit wast of property
|
|
|
Term
Life estate pur autr vie (for the life of another) |
|
Definition
- grant the rights to use and occupy a property to a life tenant until the death of someone other than the life tenant
- when the third party dies, the property either reverts to the revisioner or goes to a remainderman
|
|
|
Term
|
Definition
give the wife rights in a deceased husbands property |
|
|
Term
|
Definition
give the husband rights in a deceased wife's property |
|
|
Term
|
Definition
gives a husband and wife equal interest in all property acquired during the term of the marriage |
|
|
Term
Homestead Protection Laws |
|
Definition
protect a family's home from actions taken by certain creditor's |
|
|
Term
|
Definition
the personal property of the lessee (tenant), the lessor owns the leased fee (a fee simple estate minus the rights conveyed in the lease) and provides use and occupancy of the land, but not ownership |
|
|
Term
What are the 4 types of leasehold estates? |
|
Definition
1. Estate for years
2. Estate from year to year
3. Estate at will
4. Tenancy at sufferance |
|
|
Term
|
Definition
1. Has a fixed term
2. Does not automatically renew
3. Does not require a termination notice |
|
|
Term
|
Definition
1) Has a fixed term
2) Automatically renews if not terminated
3) Requires a temination notice |
|
|
Term
|
Definition
1) Has no fixed term
2) Lasts until one of the parties provides a termination notice |
|
|
Term
|
Definition
- Occurs when tenants retain use an possession of a property beyond legal tenancy without the landlord's consent
- The tenant is known as a holdover tenant
- Different from a trespass in that the holdover tenant's intial entry was legal
|
|
|
Term
Government interests in privately owned land |
|
Definition
P.E.T.E.
Police power - protect the safety, health and general welfare of the public through zoning
Escheat- if an owner dies intestate (with no will) and no heirs, the property of a decedent goes to the state
Taxation - raise funds for governent
Eminent Domain - the governements right to take private land for public use |
|
|
Term
|
Definition
the legal proceeding used by the government to excercise the right of eminent domain |
|
|
Term
|
Definition
the party whose estate is taken must be paid |
|
|
Term
|
Definition
a claim, limitation, liability or charge which attaches to real estate
Title defect / cloud on title |
|
|
Term
|
Definition
non-possessory right to use land owned by another (air, surface or subsurface |
|
|
Term
|
Definition
easement that runs with the land, when the land is conveyed, the easement is also automatically conveyed
2 oarties envovled |
|
|
Term
|
Definition
one lot is burdened by the easement |
|
|
Term
|
Definition
one lot that benefits from the easement |
|
|
Term
|
Definition
an easement involving only one lot
sewers are gross!
one home involved
Utility easement |
|
|
Term
|
Definition
easement when a landowner has the right to cross over another's land |
|
|
Term
|
Definition
easement when a property owner who cannot re-counter land or build in such a way that would alter the normal flow of surface water in a drainage easement |
|
|
Term
How are easements created |
|
Definition
express agreement Reservation in a deed Necessity Prescription (21years) Condemnation Implication |
|
|
Term
|
Definition
limitations placed in a deed by a grantor, which restrict the way land is used, improved, or maintained
Restrictive covenants |
|
|
Term
|
Definition
unauthorized intrusion of real property onto another's land (air space, surface, or sub surface) |
|
|
Term
|
Definition
a form of encroachment using title prescription
a way of acquiring fee ownership of another's land by using and possessing another's land for a statutory time period (21yrs in pa) |
|
|
Term
|
Definition
a personal privilege, granted to another, which is not an interest in real estate |
|
|
Term
|
Definition
party granting the license |
|
|
Term
|
Definition
a charge or claim on the property of another to secure the payment of a debt or obligation |
|
|
Term
|
Definition
General lien - is against the individual and attaches to all of the assets of the debtor in the county where the lien is recorded
Specific lien - attaches to a single property |
|
|
Term
|
Definition
when the property is sold the proceeds go to the highest priority - TAX LIENS IS HIGHEST |
|
|
Term
|
Definition
placed against property with the knowledge and concsent of the owner |
|
|
Term
|
Definition
are placed against property without the consent of the owner |
|
|
Term
|
Definition
voluntary liens in which a mortgagee places a liens against a mortgagors's (borrower) property as a security for a mortgage loan |
|
|
Term
|
Definition
involuntary liens because a tax against real estate is unpaid |
|
|
Term
|
Definition
created by a court - involuntary |
|
|
Term
|
Definition
voluntary judgement liens |
|
|
Term
|
Definition
involuntary liens resulting from unpaid federal tax obligations |
|
|
Term
Estate or inheritance tax liens |
|
Definition
involuntary liens against a deceased person's property |
|
|
Term
Corporation franchise tax liens |
|
Definition
involuntary liens because a corporation has not paid the state tax that enables the corporation to do business in the state |
|
|
Term
|
Definition
involuntary liens that are in favor of a person who supplied labor or material in the improvement of real estate |
|
|